Facts

On June 12, 2008, at approximately 7:48 a.m., Paulette Goff, age 59, was hit by a SamTrans bus while she was crossing California Drive in the crosswalk. Paulette Goff was thrown 24 feet by the violent impact of the bus and sustained massive injuries to her head.

Paulette Goff was transported to San Francisco General Hospital where it was determined upon admission that she had suffered two huge displaced skull fractures, 13 cm frontal and 7 cm occipital to the foramen magnum, for which where was no effective remedy. A hole was drilled in her skull and a pressure monitoring device inserted. She was administered morphine and placed on "comfort care." After waiting for Paulette Goff's sister to travel from Colorado to say her "goodbyes," Paulette Goff was taken off life support and allowed to expire on June 13, at 9:30 p.m.

The decedent's only heir was her 40-year-old son, plaintiff Jeffrey Goff. Their relationship had been a sporadic and rocky one. The plaintiff suffered addiction issues from his mid 20s to about age 37. He had seen his mother on very few occasions from when he left her home at age 15, until her death. At the time of the decedent's death, approximately two years had lapsed since plaintiff had seen or spoken with his mother.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that his mother's tough love had ultimately enabled him to go straight, and that he had intended to contact her once he had a proven track record of being clean and sober. Friends of the decedent testified that the decedent still loved her son and that she had told him that she would have a relationship with him again, but only if he proved to her he was clean and sober for good.

DEFENDANT'S CONTENTIONS:
Defendants SamTrans and the driver contended that plaintiff had no relationship with his mother, and that if he had actually intended to contact her, he would have done it within the two years of sobriety he had accomplished since he had last seen his mother.

Settlement Discussions

The plaintiff demanded $1.2 million. The defendant made no offer.

Damages

The defendants claimed that there was no relationship between the plaintiff and his mother since 2002, and that any damages awarded to him for her death would be based on the speculation that they would have any relationship in the future. The defendants contested the admissibility of any testimony by Dr. Richard Perillo on this same basis. The plaintiff claimed that his mother, even in absentia, provided guidance, training and moral support to plaintiff, and had been instrumental in his recovery. The plaintiff contended that he would need extensive Gestalt therapy in the future to replace the foundation that the decedent provided her son. The plaintiff claimed medical expenses of $29,000; funeral expenses of $9,000, and expenses for Gestalt therapy to assist him in replacing the sense of "right and wrong" concerning addiction issues obtained, in absentia, from his mother.

Result

The case settled for $375,000.

Other Information

Insurer: County of San Mateo is self insured.